HomeMy WebLinkAboutSTOP-DWI -Cty of SuffolkELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # 2005-784
Resolution ID: 1366
Meeting: 12/20/05 07:30 PM
Department: Town Clerk
Category: Contracts, Lease & Agreements
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-784 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER
20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Joshua
Y. Horton to execute an a~,reement with the County of Suffolk for the 2006 STOP-DWI Program in an
mount not to exceed $19,000.00, for the term January 1, 2006 through December 31, 2006, all in accordance
with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
Law No. CE001M/0012-06R
Rev. 12/06/05
STOP-DWI Municipal Enforcement
Agreement No. 001-1234-4980-69-00012
IFMS No. SC EXE 0000000
Agreement
This Agreement, made between the County of Suffolk (County), a municipal corporation of the State of New York,
having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted Office of the
County Executive/STOP-DWI Program (Department), located at H. Lee Dennison Building, 1 lt~ floor, 100 Veterans Me-
morial Highway, Hauppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788-0099) and the Town of
Southold (Contractor), a New York municipal corporation, having its principal place of business at P.O. Box 1139, Southold,
New York 11971-1682.
The parties hereto desire to make available to the County increased enforcement services (Services) of New York State
vehicle and traffic laws relat'mg to drinking and driving. Sufficient funding exists in the 2006 Suffolk County Operating Budget.
Tenn of Agreement: Shall be January 1, 2006 through December 31, 2006.
Total Cost of Agreement: Shall not exceed $19,000.00
Terms and Conditions: Shall be as set forth in Exhibit A and Exhibit entitled "Suffolk County Legislative Require,
ments Exhibit for Contracts."
In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below.
The H.onorable J~oshua Y. Horton
Supero_sor of S~h/~ ~r~
[Please p~Itit name and title under signature]
Fed. Taxpayer ID #:
Date:
Approved ns to Legality:
Christine Malafl
Suffolk County Attorney
By:
Samantha N. McEachin
Assistant County Attorney
County of Suffolk
By:
Paul Sabatino II
Chief Deputy County Executive
Date:
Approved:
By:
Date:
Maria Perez-Lent
STOP-DWI Coordinator
CE1 (1/04)
EX]HRIT A
CONTRACTOR RESPONSIBILITIES
The duties of Contractor shall be to provide enhanced DWI enforcement services for the County, as more
particularly described in the following exhibits attached to and made part of this Agreement.
Exhibit B
Exhibit C
Exhibit D
Attachments
Workplan
Reporting Forms
Schedule of Fees
Living Wage Forms, Union Forms, Public Disclosure Forms
The Contractor shall perform such professional services as may be necessary to accomplish the work re-
quired to be performed under and in accordance with this Agreement. The Contractor specifically represents
and warrants that it has and shall possess, and that its employees, agents and subcontractors have and shall
possess, the required licenses, education, knowledge, experience and character necessary to qualify them in-
dividually for the particular duties they perform.
The provisions of this exhibit A shall prevail over inconsistent provisions of any other Exhibit and over any
other document not specifically referred to in this Agreement or made part thereof by this Agreement or by
subsequent amendment in writing and signed by both parties, except to the extent that such provisions of this
Exhibit A are specifically referred to and amended or superseded by such Exhibit or Amendments.
SERVICE RECORDS
Thc Contractor shall maintain, or cause to be maintained, service and time records for each service provided
under this Agreement, which will permit the reporting of the progress of each service on a monthly basis.
Such reports shall be submitted on forms to be provided or approved by the County in accordance with the
instructions therefore. Such reports shall be in the format attached as Exhibit C, but shall not necessarily be
limited to the information specified.
COUNTY SUPERVISION
It is agreed that the nature and extent of the services provided pursuant to this Agreement shall be subject to
the general supervision of the County's STOP-DWI Coordinator's Office. The Contractor further agrees to
conduct the aforementioned program in a skillful manner to the best of its ability, and agrees to comply fully
with the roles and regulations, criteria and guidelines for expenditure controls heretofore adopted or to be
adopted by the County. Further, the Contractor agrees to provide data as required by the County by virtue of
Section 1197 of the Vehicle and Traffic Law, 20 days after close of each month, on a monthly basis, in a
form prescribed by the County.
PAYMENT AND COMt'ENSATION
a. In cousideration of the Contractor's faithfully complying with all of the covenants set forth in this
Agreement, the County shall compensate the Contractor a total sum not to exceed the Total Cost of
Agreement provided on the first page of this Agreement, to be paid at the rotes provided in Exhibit D
upon presentation by the Contractor of monthly claims.
Within twenty (20) days after the end of each month in which services are rendered, the Contractor shall
prepare and present a claim form supplied by the County and approved for payment by the County (Suf-
folk County Payment Voucher). The claim form shall be accompanied by a certified and itemized state-
ment as to the work performed and charged in accordance with this Agreement, to reflect all charges due
thereon. Payment by the County shall be made within thirty (30) days after approval by the Comptroller
of the County of Suffolk.
The Contractor agrees that it shall be entitled to no more than the Total Cost of Agreement set forth on
the cover page of this Agreement at the rates provided in Exhibit D for the completion of all work, labor
and services contemplated in this Agreement and shall not be entitled to any reimbursement for travel
and other expenses of any nature or kind whatsoever, notwithstanding the total amount of time expended
or expenses actually incurred.
d. The charges payable to Contractor under this Agreement are exclusive of federal, state and local taxes,
the County being a municipality exempt from payment of such taxes.
The Contractor shall maintain full and complete books and records of accounts in accordance with gen-
erally accepted accounting practices. Such books and records shall be retained for a period of seven (7)
years and shall be available for audit and inspection by the County Comptroller or his duly designated
representative only to verify that payments were properly made and to verify the mature and extent of
costs of applicable services provided by Contractor. Such access is granted notwithstanding any exemp-
tion from disclosure that may be claimed for those records which are subject to nondisclosure agree-
ments, trade secrets and commercial information or financial information that is privileged or confiden-
rial.
The County may, at any th-ne, by written order, make changes within the general scope of this Agreement
in the services or work to be performed. If such changes cause an increase or decrease in the Contractor's
cost of, or tune required for, performance of any services under this Agreement, an equitable adjnslment
shall be made and this Agreement shall be modified in writing accordingly. Any claim of the Contractor
for adjustment under this clause must be asserted in writing within ten (10) days from the date of receipt
by the Contractor of the notification of change unless the County grants a further period of time before
the date of final payment under this Agreement. No services for which additional compensation will be
charged by the Contractor shall be furnished without written authorization by the County.
g. The acceptance by the Contractor of full payment of all billings made on the final approved claim form
under this Agreement shall operate as and shall be a release to the County from all claims and liabil/ty to
Contractor, its successors, legal representatives and assigns, for anything done or furnished under and by
the provisions of this Agreement.
CONTINGENCY
This Agreement is subject to and contingent upon the County of Suffolk's continuance as a participating
County in the New York State STOP-DWI Program as provided by Section 1197 of the Vehicle and Traffic
Law and upon approval of the County's STOP-DWI Plan for the County Operating Budget year referred to
on the first page of this Agreement by the Commissioner of Motor Vehicles of the State of New York.
ASSIGNMENT OR SUBCONTRACTING
The Contractor shall not assign, transfer, convey, subcontract or otherwise dispose of this Agreement, or any
of its right, title or interest therein, or its power to execute this Agreement, or assign all or any portion of the
monies that may be due or become due to the Contractor under the terms of this Agreement, to any other
person or corporation, without the prior consent in writing of the County, and any attempt to do any of the
foregoing without such consent shall be of no effect.
INDEPENDENT CONTRACTOR
It is expressly agreed that the Contractor's status hereunder is that of an independent contractor. Neither the
Contractor nor any person hired by the Contractor shall be considered employees of the County for any
purpose whatsoever.
INSURANCE
a. The Contractor agrees to procure, pay the entire premium for and maintain throughout the term of
this Agreement, insurance in amounts and types specified by the County. The Contractor agrees to
require that all if its subcontractors, in connection with work performed for the Contractor related to
this Agreement, procure, pay the entire premium for and maintain throughout the term of this
Agreement insurance in amounts and types equal to that specified by the County for the Contractor.
Unless othetwdse specified by the County and agreed to by the Contractor, in writing, such insurance
will be as follows:
Commercial General Liability insurance, including contractual liability coverage, in an amount
not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Mil-
lion Dollars ($2,000,000.00) per occurrence for property damage.
ii.
Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of
this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per
person, per accident, for bodily injury and not less than One Hundred Thousand ($100,000.00) for
property damage per occurrence.
Worker's Compensation and Employer's Liability insurance in compliance with all applicable
New York State laws and regulations and Disability Benefits insurance, if required by law. Con-
tractor shall furnish to the County, prior to its execution of this Agreement, the documentation re-
quired by the State of New York Workers' Compensation Board of coverage or exemption from
coverage pursuant to § §57 and 220 of the Workers' Compensation Law. In accordance with Gen-
eral Municipal Law §108, this Agreement shall be void and of no effect unless the Contractor
shall provide and maintain coverage during the term of this Agreement for the benefit of such em-
ployees as are required to be covered by the provisions of the Workers' Compensation Law.
iv. Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00)
on either a per occurrence or claims made coverage basis.
b. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rat-
ing of A- or better.
The Contractor shall furnish to the County Declaration Pages for each such policy of insurance and
upon request, a true and certified original copy of each such policy, evidencing compliance with the
aforesaid insurance requirements. In the ease of commercial general liability insurance, the County
of Suffolk shall be named as an additional insured and the Contractor shall furnish a Declaration
Page and endorsement page evidencing the County's status as an additional insured on said policy.
All such Declaration Pages, certificates and other evidence of insurance shall provide for the County
of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material
change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance
and notices shall be mailed to the Department at its address set forth in the paragraph entitled "No-
tices and Contact Persons" or at such other address of which the County shall have given the Con-
tractor notice in writing.
If the Contractor is a town or other municipal corporation and has a self-insurance program under
which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage
and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance
companies.
f.
In the event Contractor shall fail to provide the Declaration Pages or certificates of insurance or to
maintain any insurance required by this Agreement, the County may, but shall not be required to, ob-
tain such policies and deduct the cost thereof from payments due Contractor under this Agreement or
any other agreement between the County and Contractor.
INDEMNIFICATION
The Contractor agrees that it shall protect, indemnify and hold harmless the County and its officers, officials,
members, employees, agents and invitees (the "County Indemnified Parties") from and against all liabilities,
frees, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and
costs, including reasonable attorneys' fees, and shall defend the County in any suit, including appeals, or at
the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or
omissions or negligence of the Contractor, its agents, employees or subcontractors in connection with the
services described or referred to in this Agreement.
10. PUBLICATIONS
The Contractor shall not issue or publish any book, article, announcement, report or other publication
relating to the subjeet program without prior written pemaission from the County. Any such publication shall
contain the following statement: "This publication is fully or partially funded by Suffolk County STOP-
DWI." Furthermore, the STOP-DWI Logo shall be prominently displayed on any publication, sign or other
printed materials.
11. TERM AND TERMINATION OF AGREEMENT
Terfll
This Agreement shall cover the period provided on the first page thereof, unless sooner terminated as
provided below.
Termination by County in the Public Interest
Notwithstanding anything herein to the contrary, in the event that the Coordinator of the Department
(hereinafter, the "Coordinator"), or his/her designee, determines, in his/her sole discretion, that ter-
mination is in the best interests of the County, the County reserves the right to terminate this Agree-
ment for any reason at any time. Such termination shall occur upon thirty (3 0) days notice of intent to
terminate to the Contractor. Contractor shall have an opportunity for consultation with the Coordina-
tor prior to termination.
Termination for Cause
i. If the Contractor falls to fulfill in a timely and proper manner its obligations under this
Agreement, or if the Contractor becomes bankrupt or insolvent or falsifies its records or re-
ports, or misuses its funds from whatever source, the County may terminate this Agreement in
whole or with respect to any identifiable part of the program, effective inunediately, or, at its
option, effective at a later date specified in the notice of such termination to the Contractor.
ii.
A failure to maintain the amount and types of insurance required by this Agreement may re-
sult in immediate termination of this Agreement, in the sole discretion of the Coordinator. No
prior notice to cure and of intent to terminate shall be required.
iii.
An emergency or other condition involving possible loss of life, threat to health and safety,
destruction of property or other .condition deemed to be dangerous, in the sole discretion of the
Coordinator, may result in immediate termination of this Agreement, in whole or with respect
to any identifiable part of the program, in the sole discretion of the Coordinator. In such event,
no prior notice to cure and of intent to terminate shall be required.
iv.
Failure to comply with federal, State or local laws, rules, regulations, or County policies or di-
rectives, may result in immediate termination of this Agreement, at the sole discretion of the
Coordinator. In such event, no prior notice to cure and of intent to terminate shall be required.
A failure on the part of Contractor to observe any of the other terms and conditions of this
Agreement on its part to be observed and performed, which failure persists after the expiration
of twenty (20) days from the date the Coordinator gives notice to cure and of intent to termi-
nate to the Contractor shall be deemed a breach of contract; provided, however, that if the
matter which is the subject of the notice is of such a nature that it cannot reasonably be cor-
rected within twenty (20) days, then no breach of contract shall have been deemed to have oc-
curred if Contractor, before the expiration of the twenty-day period, diligently commences and
prosecutes the same to completion. Soliciting bids, in good faith, for performance of correc-
tive work shall be deemed commencement of such work within the purview hereof.
vi.
The notice to cure and of intent to terminate shall call attention to the existence of the failure
and particularize the claimed failure in reasonable detail. The notice shall also state the in-
tended date of termination.
After a breach of contract has occurred, the Coordinator or his/her designee, in his/her sole
discretion, may terminate the Agreement. The Coordinator shall give written notice of such
termination and the Agreement shall expire as fully and completely as if that date were the
date herein originally fixed for the expiration of the term.
viii.
Upon termination pursuant to the foregoing paragraph, Contractor acknowledges and agrees
that it shall not be entitled nor shall it make a claim for lost profits or loss of anticipated earn-
ings because of termination.
Notice of Termination
Notice of termination must be in writing, signed by an authorized official, and sent to the
other party by certified mall, or by messenger, and receipt shall be requested. Notice of termi-
nation shall be deemed delivered as of the date of its posting by certified mail or at the time it
is delivered to the other party by messenger.
12.
ii.
iii.
Upon due notice of termination and as may be requested by the Department, the Contractor
shall provide the County with any information, records, or reports that are within the purview
of this Agreemem, subject to any applicable provisions of law or regulations. The Contractor
shall also relinquish title and possession of any furniture, fixtures, equipment, materials or
supplies as specified in this Agreement.
Upon receipt of a termination notice pursuant to the foregoing paragraph, the Contractor shall
promptly discontinue all services affected unless otherwise directed by the notice of termina-
tion.
ii.
Payments upon Termination
The County shall be released ~om any and all responsibilities and obligations arising from the
Program covered by this Agreement, effective as of the date of termination, but the County
shall be responsible for payment of all claims for services provided and costs incurred by the
Contractor prior to termination of the Agreement, that are pursuant to, and after the Contrac-
tor's compliance with, the terms and conditions of this Agreement.
Upon termination, the Contractor agrees to promptly reimburse to the County, by check pay-
able to the Suffolk County Treasurer, the balance of any funds paid to the Contractor by the
County. Upon termination, any funds paid to the Contractor by the County which were used
by the Contractor in a manner that failed to comply with the terms and conditions of this
Agreement must be promptly reimbursed. If there is no response or if satisfactory repayments
are not made, the County may recoup such payments from any amounts due or becoming due
to the Contractor from the County under this Agreement or otherwise. The provisions of this
subparagraph shall survive the expiration or termination of the Agreement.
f. Termination By Contractor
The Contractor may terminate this Agreement by giving not less than sixty (60) days prior writ-
ten notice (or thirty (30) days written notice if substantial breach of contract is involved) to the
Department, specifying the reasons for termination and the effective date of termination.
ADDRESSES FOR NOTICES, CLAIMS, REPORTS
Any communication, notice, claim for payment, report or other submission necessary or required to be made
by the Contractor to the County or i~s designated representative shall be deemed to have been duly made
upon receipt by the County or its designated representative at the following address or at such other address
as may be specified in w~ting by the County or its designated representative:
Office of the County Executive
STOP-DWI Program
100 Veterans Memorial Highway - 11th Floor
P. O. Box 6100
Hauppauge, New York 11788-0099
Communications or notices to the Contractor shall be deemed delivered when mailed to the Contractor at the
address designated in this Agreement or such other address as the Contractor shall furnish to the County by
written notice delivered to the County.
13. GRATUITIES
The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee
or agent o f Suffolk County or New York State or of any political party, with the purpose or intent of securing
an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or
the making of any determinations with respect to the performance of an agreement, and that the signer of this
Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County
(Chapter 386 of the Suffolk County Code).
14. NONDISCRIMINATION IN EMPLOYMENT
In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other
County, State and Federal administrative, statutory and constitutional nondiscrimination provisions, the
Contractor shall not discriminate against any employee or applicant for employment because of race, creed,
color, sex, orientation, national origin, age, disability, military status or marital status.
15. WORK EXPERIF~NCE PARTICIPATION
If the Contractor is a nonprofit or governmental agency or institution, at all times during the term of this
Agreement, each of the Contractor's locations in Suffolk County at which services are provided under this
Agreement shall be a work site for public-assistance clients of Suffolk County pursuant to Local Law No.
15-1993. If no Memorandum of Understanding ("MOU") with the Suffolk County Depoa ~sient of Labor for
work experience is in effect at the beginning of the term of this Agreement, the Contractor, if it is a nonprofit
or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of
this Agreement, and failure to enter into or to perform in accordance with such MOU shall be deemed to be a
failure to perform in accordance with this Agreement, for which the County may withhold payment,
terminate this Agreement or exercise such other remedies as may be appropriate in the circumstances.
16. AGREEMENT SUBJECT TO APPROPRIATION OF FUNDS
This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by
the Suffolk County Legislature, and no liability shall be incurred by the County under this Agreement
beyond the amount of funds appropriated by the Legislature for the program covered by this Agreement.
17. OFFSET OF ARREARS OR DEFAULT
The Contractor warrants that it is not, and shall not be during the term of this Agreement, in arrears to the
County for taxes or upon debt or contract and is not, and shall not be during the term of this Agreement, in
default as surety, contractor or otherwise on any obligation to the County, and the Contractor agrees that the
County may withhold the amount of any such arrearage or default from amounts payable to the Contractor
under this Agreement.
18. CONTRACTOR'S STAFF
The County shall have the right to prior approval of the filling of any position now vacant or hereafter
becoming vacant and may, in exercise of that right, promulgate reasonable regulations involving position
control, which shall, when promulgated, be deemed to be incorporated by reference in and made part of this
Agreement.
19. IINleORMATION ACCESS
Subject to any applicable provisions of law or regulations, the Department shall not be denied access to any
information, records, or reports that are within the purview of this Agreement.
20. SALARY INCREASES
No salary, wage or other compensation for services shall be increased over the amount stated in the attached
budget (Exhibit D) without the prior written approval of the County.
21.
22.
3.
BUDGET DEFICIENCY PLANS
The County has imposed and may impose budget deficiency plan(s). Upon written notification from the
Department, the Contractor shall comply with the same restrictions as are imposed upon the Department, a
copy of which will be furnished with such notification and shall thereupon be deemed to be incorporated by
reference in and made part of this Agreement.
COUNTY DOCUMENTS, CONFIDENTIALITY
Any records, reports or other documents of the County or any of its departments or agencies used by the
Contractor pursuant to this Agreement or any documents created as a part of this Agreement shall remain the
property of the County and shall be kept confidential in accordance with applicable laws, rules and
regulations.
FURNITURE, FLXTURES, EQUIPMENT, MATERIALS, SUPPLIES
a. Purchases, Rentals, Leases Requiring Prior Approval
Prior to placing any order to purchase, rent or lease any furniture, f'uctures, or equipment (i) valued in ex-
cess of three hundred dollars ($300.00) per unit, or (ii) included but not itemized in the Project budget,
the Contractor shall submit to the County a writXen request for approval to make such a proposed pur-
chase, rental or lease, with a list showing the quantity and description of each item, its intended location
and use, estimated unit price or cost, extended price or cost and estimated total cost of the proposed or-
der. Written approval of the County shall be required before the Contractor may proceed with such pro-
posed purchase, rental or lease of furniture, f~-~mres or equipment. All items purchased must be new
unless specifically described otherwise in the Project budget.
b. Purchase Practices
The Contractor agrees to follow all of the general practices that are designed to obtain furniture, fixtures,
equipment, materials or supplies at the most reasonable price or cost possible. The County reserves the
right to purchase or obtain for the Contractor furniture, fixtures, equipment, materials or supplies which
shall be in accordance with the programmatic needs of this Agreement. If the County exercises this right,
the amount budgeted for the items so purchased or obtained by the County for the Contractor shall not be
available to the Contractor for any purpose whatsoever. Title to any such items purchased or otherwise
obtained by the County for the Project and entrusted to the Contractor shall remain in the County, and
the Contractor shall attach labels indicating the County's ownership if the County has not done so.
c. Proprietary Interest of County
The County shall retain a proprietary interest in ail furniture, removable fixtures, equipment, materials or
supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contractor pursuant
to the terms of this Agreement or any prior agreement. Upon the termination of this Agreement, or of any
renewal thereof, the discontinuance of the business of the Contractor, the failure of the Contractor to
comply with the terms of this Agreement, the bankruptcy of the Contractor, an assignment for the benefit
of its creditors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days
of ~ing, the County shall have the right to take title to and possession of all such furniture, removable
fixtures, equipment, materials and supplies, and the same shall thereupon become the property of the
County without any claim for reimbursement on the part of the Contractor. As directed by the County,
the Contractor shall attach identifying labels on all furniture, removable fixtures and equipment indicat-
ing the proprietary interest of the County.
22.
d. Inventory Records, Controls and Reports
The Contractor shall maintain proper and accurate inventory records and controls for all such furniture,
removable fixtures and equipment acquired pursuant to this Agreement and all prior agreements, if any,
covering the Project. Three (3) months before the termination date of this Agreement, the Contractor
shall make a physical count of all items of furniture, removable fixtures and equipment in its custody,
checking each item against the aforesaid inventory records. A report setting forth the results of such
physical count shall be prepared by the Contractor on a form or forms designated by the County, certified
and signed by an authorized official of the Contractor, and one (1) copy thereof shall be delivered to the
County within five (5) days after the date set for the aforesaid physical count. Within five (5) days after
the termination date of this Agreement, the Contractor shall submit to the County six (6) copies of the
same report updated to the termination date of this Agreement, certified and signed by an authorized of-
ficial of the Contractor, based on a physical count of all items of furniture, removable fixtures and
equipment on the aforesaid termination date, and revised, if necessary, to include any inventory changes
during thc last three (3) months of the term of this Agreement.
e. Protection of Property in Contractor's Custody
The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fix-
tures, equipment, material or supplies in its custody against damage or loss by f~re, burglary, theft, disap-
pearance, vandalism or misuse. In the event of burglary, theft, vandalism or disappearance of any item of
furniture, fixtures, equipment, material or supplies, the Contractor shall immediately notify the police
and make a record thereof, including a record of the results of any investigation which may be made
thereon. In the event of loss of or damage to any item of furniture, fLxtures, equipment, materials or sup-
plies from any cause, the Contractor shall immediately send the County a detailed written report thereon.
f. Disposition of Property in Contractor's Custody
Upon termination of the County's fund'mg of the Project covered by this Agreement or by any renewal
hereof, or at any other time that the County may direct, the Contractor shall make access available and
render all necessary assistance for physical removal by the County or its designee of any or all furniture,
removable fixtures, equipment, materials or supplies in the Contractor's custody in which the County has
a proprietary Interest, in the same condition as such propctty was received by the Contractor, reasonable
wear and tear excepted. Any disposition, settlements or adjustments connected with such property shall
be in accordance with the rules and regulations of the County and the State of New York.
FINANCIAL STATEMENTS AND AUDIT REQUIREMENTS
a. Notwithstanding any other reporting or certification refluirements of Federal, State or local authorities;
the Contractor shall obtain the services of an independent licensed public accountant or certified public
accountant (the "Auditor") to audit its financial statements for each Contractor fiscal year in which the
Contractor has received, or will receive, $300,000 or more from the County, whether under this Agree-
ment or otherwise, and shall submit a report on the overall financial condition and operations of the Con-
tractor, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly
and accurately reflecting the accounting records of the Contractor in accordance with generally accepmd
accounting principles. The Contractor is encouraged to solicit requests for proposals (RFPs) from a
number of qualified accounting firms and to review carefully the costs of, and qualifications for, this type
of work before selecting the Auditor.
b. The Auditor should be required to meet the following minimum requirements:
i. a current license issued by the New York State Education Department;
ii. sufficient auditing experience in the nonprofit, governmental or profit-making areas, as
applicable; and
24.
iii. a satisfactory peer review issued within not more than three years prior to the date when
the Auditor was selected to conduct the audit.
e. The audit must be conducted in accordance with generally accepted governmental auditing standards
(GAGAS). Financial statements must clearly differentiate between County-funded programs and other
programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged
for this purpose. The Auditor must also prepare a management letter based on the audit.
d. Furthermore, if the Contractor is a non-profit organization or unit of local government and expends
$500,000 or more of Federal monies, whether as a recipient expending awards received directly from
Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through
entity, such as New York State or Suffolk County, during any fiscal period within which it receives fund-
ing under this Agreement ("fiscal year"), the audit must be conducted, and the audit report ("Single Au-
dit Report") must be, in accordance with OMB Circular No. A- 133 (revised June 27, 2003). Single Audit
Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through
entity, to the extent required by the OMB Circular just referred to.
e. The Contractor must submit a statement in writing, certified by its chief fmancial officer, which states
the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must
mall or deliver the certified statement to the Department and to Executive Director of Auditing Services,
Suffolk County Department.of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial
Highway, P. O. Box 6100, Hauppange, New York 11788-0099, as soon as possible after the end of the
Contractor's fiscal year. The statement should include ALL Federal funding received directly from the
Federal government and ALL Federal funds passed through from the County and other pass-through en-
titles.
f. Copies of all financial statements, management letters, Single Audit Reports (if applicable) and other
audit reports, if required, must be transmitted to the Department and to the Executive Director of Audit-
ing Services at the address just set forth. The reports must be submitted within thirty (30) days after
completion of the audit, but in no event later than nine (9) months after the end of the Contractor's fiscal
period to which the audit relates.
g. These reqtfirements do not preclude the Department or the Suffolk County Comptroller or their author-
ized representatives or Federal or State auditors from auditing the records of the Contractor. Therefore,
the records of the Contractor must be made available to authorized representatives of Federal, State or
County government for that purpose.
The provisions of the foregoing subparagraphs (a) through (g) of this paragraph shall survive the expiration
or termination of this Agreement.
AGREEMEIN'T SUBJECT TO THE LIVING WAGE LAW
This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless
specific exemptions apply all employers (as defined) under service contracts and recipients of County finan-
cial assistance, (as defined) shall provide payment ora minimum wage to employees as set forth in the Liv-
ing Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Liv'mg
Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have
the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set
forth therein, for violations of this Law.
The Contractor represents and warrants that it has read and is familiar with the requirements of Section 6 of
Chapter 347 of the Suffolk County Local Law No. 12-2001, the Living Wage Law. Suffolk County Local
Laws, Rules and Regulations can be found on the Suffolk County web site at www.suffolkcountyny.gov
Click on "Laws of Suffolk County" under "Suffolk County Links".
25. CHILD SEXUAL ABUSE REPORTING POLICY
The Contractor has read and agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, en-
titled "Child Sexual Abuse Reporting Policy" as now in effect or amended hereafter or of any other Suffolk
County Local Law that may become applicable during the term of this Agreement with regard to child sexual
abuse reporting policy. Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk
County web site at www.suffolkcountyny, gov Click on "Laws of Suffolk County" under "Suffolk County
Links".
26. SUFFOLK COUNTY PUBLIC DISCLOSURE STATEMENT
The Contractor represents and warrants that Contractor has filed with the Comptroller of Suffolk County the
verified public disclosure statement required by Suffolk County Administrative Code Section A5-7 and shall
file an update of such statement with the said Comptroller on or before the 31 st day of January in each year
of this Agreement's duration. The Contractor acknowledges that such filing is a material, contractual and
statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement,
for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in
addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement.
27. UNION ORGANIZING
The Contractor represents and warrants that it has read and is familiar with the requirements 0f Article 1,
Chapter 466 of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective Bar-
gaining Activities". County Contractors (as defined) shall comply with all requirements of Local Law No.
26-2003 including the following prohibitions:
a. The Contractor shall not use County funds to assist, promote, or deter union organizing.
b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote,
or deter union organizing.
c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing.
d. No employer shall use County property to hold a meeting with employees or supervisors if the pur-
pose of such meeting is to assist, promote, or deter union organizing.
If Contractor services are performed on County property the Contractor must adopt a reasonable access
agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majority
authorization card agreement.
If Contractor services are for the provision of human services and such services are not to be performed on
County property, the Contractor must adopt, at the least, a neutrality agreement.
Under the provisions of Local LawNo. 26-2003, the County shall have the authority, under appropriate cir-
cumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this
Law.
28. SEVERABILITY
It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person
or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the
application of such term or provision to persons or circumstances other than those as to which it is held inva-
lid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement
shall be valid and shall be enforced to the fullest extent permitted by law.
29. CIVIL ACTIONS
The Contractor represents that it shall not use any of the moneys received under this Agreement, either di-
rectly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or
any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or adminis-
trative forum.
30. SET-OFF RIGHTS
The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall in-
dude, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to
the Contractor under this contract up to any amounts due and owing to the County with regard to this con-
tract and/or any other contract with any County department or agency, including any contract for a term
commencing prior to the term of this contract, plus any amounts due and owing to the County for any other
reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative
thereto. The County shall exercise its set-offrights in accordance with normal County practices including, in
cases of set-offpursuant to an audit, the fmaiization of such audit by the County agency, its representatives,
or the County Comptroller, and only after legal consultation with the County Attorney.
31. CERTIFICATION
The parties to this Agreement hereby certify that, other than the funds provided in this Agreemant and other
valid Agreements with the County, there is no known relationship within the third degree of consanguinity,
life partner or business, commemiai, economic, or financial relationship between the parties, the signatories
to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of
any party to this Agreement.
32.
33.
ENTIRE AGREEMENT
It is expressly agreed that th/s Agreement represents the entire agreement of the parties and that all previous
understandings are merged in this Agreement.
NO ORAL CHANGES
No modification of this Agreement shall be valid unless written in the form of an Addendum or Amendment
signed by both parties.
- END OF TEXT OF EXIqIRIT A -
EXHIBIT B
SUFFOLK COUNTY STOP-DWI
2006 WORK PLAN
Town of Southold
The Primary goal of this project is the suppression ofdnmk driving through intensified police patrols to identify ve-
hicle and traffic violations related to drunk driving. This will result in an increased number of arrests for driving
while intoxicated and a reduction of alcohol related crashes and fatalities.
Funding will be used by this agency to schedule police officers for overtime to patrol duties exclusively to identify
and arrest the intoxicated driver, as well as related training and warrant enforcement. The hours of enforcement shall
include times and days which have historically reflected high incidences of drank driving, alcohol related crashes
and fatalities. Scheduling may be organized due to seasonal traffic considerations and other activities related to inci-
dences of drinking and driving. Scheduling of personnel will be dependent upon ava/lability of staff.
END OF EXglYRIT B --
Suffolk County STOP-DWI Claim
Payroll Register
Month of
Personal Services - Page 1
Voucher #:
,2O
Claiming Agency:
Instructions: Use this form to detail all Salary/Wage Expenses for your project, for the period claimed. Submit
this form together with a Standard Suffolk County Voucher to insure prompt processing.
Cheek
Date Number Payee Job Title Service Period Amount
CERI'II'ICATION: I certify that the above information is just, lrue and correct; that no part fl~'reof has been previously reported, and
that such expendinwes are proper and necessury.
Project Director or Fiscal Officer:
Signature mad Title
Date: / /
Note: This register is sufficient verification to support your claims. DO NOT send additional material such as time cards, check stubs,
etc. at ~ time. You must maintain such documents of file, however, to support interim or post-audit of project e~openses. Use Page 2
of this form to record fringe benefit and Consultant costs for this project only if they are part of your cont~n~ct budget~
Suffolk County STOP-DWI Claim
Payroll Register
Month of ,20
Personal Services - Page 2
Voucher #:
ClaimingAgeney:
Instructions: Use this form to detail all Fringe Benefit Expenses for your project, for the period claimed. Submit
this form together with a Standard Suffolk County Voucher to insure prompt processing. Fringe Benefit
Expenses mnst be part of your original contract to be considered valid expenses.
Cheek
Date Number Payee Job Title Service Period Amount
CERIIiqCATION: I certify that the above information is just, true and correct; lhat no part thereof has been previously ~ported, and
that such expenditures nre proper nad necessm3r.
Projuct Director or Fiscal Officer: Date: / /
Signature and Title
Note: This register is sufficient verification to support your claims. DO NOT send additional material such as time cards, check stubs,
etc. at this time. You must maintain such documents of file, however, to support interim or post-audit of projuct expenses. Use Page 1
ofthis form to rt~ord Snlnty/Wage costs for Ibis project.
Suffolk County STOP-DWI Monthly Arrest Report
Reporting Agency: Month: Year:
Total # of oerso~ chatted with 1192 Violations: Total 1192 Violations by a~e eroum:
Under 18
Total # of chnr~es for: 18
1192.1 19
1192.2 20
1192.2 & 3 21-24
1192-3 2529
1192.4 30-34
35-39
4O-44
Total: 45-49
Males 50-54
Ferules 55-59
60-64
Total 1192 Violations by Day of Week 65-69
Sunday 70 & Over __
Monday
Tuesday Total 1192 Violations by B.A.C.
Wednesday # of refusals__
Thursday # of "results unavaiL'
Friday .05 __ .18 __
Saturday .06 __ .19 __
Total 1192 Violations by time intervals:
6:01am to 6:00 pm
6:01pm to 9:00 pm
9:01pm to 12:00 am
12:01 am to 3:00 am
3:01 am to 6:00 am
.07 .20
.08 .21
.09 .22
.10 .23
.11 .24
.12 .25
.13 .26
.14 .27
.15 .28
.16 .29
.17 __ .30 or greater __
EXHIBIT D
SUFFOLK COUNTY STOP-DWI
2006 BUDGET SUMMARY
Town of Southold
ITEMIZED EXPENDITURE CATEGORIES SOURCE OF FUNDS
STOP-DWI TOWN TOTAL
SHARE SHARE SHARE
A. Personnel Services - Salaries $19,000.00 -0- $19,000.00
Fringe Benefits $0,000.00 -0- $0,000.00
(Police Officer(s) at various rates established by public employees contracts)
Total of Personnel Services
B. Commodities
Equipment
Total Commodities Cost
Total Personnel Services
and Commodities
$19,000.00 -0- $19,000.00
-0- -0- -0-
-0- -0- -0-
$19,000.00 ~0- $19,000.00
The total amount of this conlxact is to be
expended on or prior to 12/31/06 in accordance
with the submitted Work Plan or any approved
revisions/modifications to the Work Plan and/or
Budget as provided by the contract between the
County and the Municipality.
All other costs related to administration, staff
support and related operational equipment are
in-kind contributed by the Municipality.
END OF EXIHRIT D --
Suffolk County Legislative Requirements Exhibit for Contracts; last rev. 6116105
Suffolk County Legislative Requirements Exhibit for Contracts
This exhibit is attached to and is made part of the contract executed with the County.
Suffolk County Living Wage Requirements
"Suffolk County Living Wage Requirements Exhibit (2 pages).
Suffolk County Department of Labor - Living Wage Unit
Ce~tifkmtion/Declamfion - Subject to Audit
Form LW-38 (consists of 1 page)
Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev.
3/30/04 (form consists of three pages; requires signature & notarization)
Note: The Contractor's/Vendor's Public Disclosure Statement Form SCEX 22;
rev. 3/30/04,
III
Union Organizing Certification/Declaretion - Subject to Audit; rev, 6105
Form LO1 (consists of 2 pages)
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5112104
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5112/04
Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A
Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage
Law"), all RFPs, County contracts and financial assistance agreements subject to the law
shall contain the following two paragraphs or substantially equivalent language:
This Agreement is subject to the Living Wage Law of the County of Suffolk. The law
requires that, unless specific exemptions apply all employers (as defined) under
service contracts and recipients of County financial assistance, (as defined) shall
provide payment of a minimum wage to employees as set forth in the Living Wage
Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk
County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law, the County shall have the authority, under
appropriate circumstances, to terminate this Agreement and to seek other remedies as
set forlfl therein, for violations of this Law.
Suffolk County Local Law No. 18-2002, "A Local Law to Implement Living Wage Policy for the
County of Suffolk" provided for certain amendments to the Living Wage Law.
Forms for Completion and/or Signature (as applicable)
Suffolk County Department of Labor- Living Wage Unit
Notice of Application for County Assistance (Contract)
Form LW-1 (consists of t page)
Suffolk County Depa,;,,,ent of Labor - Living Wage Unit
Cerafication/Declaration - Subject to Audit
Form LW-38 (consists of t page) (Replaces LW2, LW3 and LW33)
Suffolk County Department of Labor- Living Wage Unit
Request for General Living Wage Exemption
Form LW-4 (consists of t page)
Suffolk County Department of Labor- Living Wage Unit
Request for Specific Living Wage Exemption
Form LW-5 (consists of 2 pages)'
I of 2 pages
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5112/04
Note: Pursuant to Section 7 of Local Law No. 18- 2002, "A Local Law to
Implement Living Wage Policy for County of Suffolk", all covered employers
subject to the provisions of the Living Wage Law shall submit a completed and
swom (under penalty of perjury) Certification/Declaration - Subject to Audit Form
LW-38, signed by an authorized representative, as part of an executed contract
with the County of Suffolk. The complete Certification/Declaration - Subject to
Audit Form LW-38 shall be made a part of any executed contract or project
agreement and made available to the public upon request.
To certify Living Wage compliance: Return Forms LW-1 and LW-38. or
To certify non-applicability of Living Wage law: Return Form LW-38. or
To request and document a general living wage exemption: Return Forms LW-1,
LW-38 and LW-4.
or
To request and document a specific living wage exemption: Return Forms LW-1,
LW-38 and LW-5.
In the event that there is a change in circumstances, it is the Contractor's
responsibility to submit to the County additional Living Wage forms which
either replace or supplement prior submissions of Living Wage forms.
Living Wage Law Information Fact Sheet, text of the Local Law, Frequently
Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk
County web site at www.co.suffolk.nv, us
Click: Department Directory
Labor
Living Wage Law Info
Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808
End of Text for Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Depa[;,.ent of Labor on 51t2/04
2 of 2 pages
Check if
applicable
SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT
[-,[VING WAGE CERTIFICATION/D~TION- SUBJECT TO AUDIT
If either of the following defiulltuns of 'compensation' (L~ Wgge Law Chapter 347 - 2) applies to the contraotor 's/recipient's
busim~s or trananetion with Suffolk County, the contractor/recipient must complete Sections 1, 3, 4 below; and Form LW-1
(Notice of Application for County Compensation). If the following definitions do not apply, the contractor/recipient must
complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency.
"Any g~unt, loan, tax ince~fiw or ~t, bond financing subsidy or other form of compensation of mo~ that $50,000 which is
realized by or provided to an employer of at least ten (10) employees by or throu~ thc authority or approval of the County of Suffolk," or
"Any service conffact or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the fureish'mg of
services to or for thc County of Suffolk (except contracts where services m~ incidental to the delivery of products, equipment or
commmfifies) which involve an expeed?mre equal to or greater than $!0,000. For the purposes of this definition, the amount of
expenditure for more than one contract for the same service slmll be aggregated. A contract for the pumlmse or leas~ of goods, products,
equipment, supplies or other property is not 'compensation' for the purposes of this definition."
Section I The Living Wage Law appli~ to this coatra~ I/we he,by agree to comply with all the provisiom of Suffolk County
Local Law No. 12~2001, lhe Suffolk County Lffing Wage Law (the Law) md, as such, will provide to all full, part-time
or temporary employed persons who perform work or render services on or for a project, mat~', contract or subcoatract
where this company has received compensation, from the County of Suffolk as defined in the Law (compcusudon) a
wage rate of no less than $9.64 ($8.50 for ch/Id care providers) per hour worked with health benefits, as described in the
Law, or otherwise $10.98 ($9.75 for child care providers) per hour or the rates es may be adjusted annually in
a~axm/~nca with the Law. (Chapter ~47-3 B)
I~o further agree that any tenant or lenscholdor of this company fl~t employs at least ten (10) persom and occupies
property or uses equipmeet or prope~y that is improved or developed us a result of compeesatiun or eey contractor or
subeomraet~ of this company that employs at least ~ (10) per~ees in producing or providing goods or services to this
company that are used in the project or matter for which this company has received compensation shall comply with
all the provisions of the Law, including those specified above. (Chapter 347-2)
Section H
~ Neme:
Conlraotor Addre~:
employee ~mplalnts of noncomplieece and evaluating the op~retion and effeets of this Chapter, including the
production for inspection & copying of payroll records for any or all employees for the term of the comraot or for five
(~ years, whichever I~riod of compliee~ is Iongor. All payroll and beeefit ri:cords required by the County will be
maintained for impeciion for a similar perind of time. (Chapter ~47-7 D)
The County Department of Labor sl~ll r~aw the records of ~ Covered Employer a~ least once eve~/three years to
verify eompliaac~ ~ the provisions of the Law. (Chapter ~47-4 C)
The Lh,/ng Wage Law does not apply to this contract for the following reason(s):
Federal Employer ID~:
Amount of corapommiom
Vendor #:
I deelar~ under penalty of perjury under the Laws of the 8ta~ of N~v York that the undersigned is authorized to provide this certification,
~md fl~t tbe abov~ is m~e and oyn~L
Authorized Signature Date
Print N~me and Title of Author/zed Represeetefive
LW 38 (revised 7-05, replac~ forms LW2, LW3, and LW33)
Suffolk County Form 22
Contractor's/Vendor's Public Disclosure Statement
Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement
must be completed by all contractors/vendors that have a contract with Suffolk Coun!y. In the event
contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at
paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt
status, you must execute this form below before a notary public.
5.b
Conlxactor's/Vendor' s Name
Address
City and State Zip Code
Contracting Department's Name
Address
Payee Identification or Social Security No.
Type of Business._Corporation__Partnership__Sole Proprietorship__Other
Is contractor/vendor entering into or h~q con,actor/vendor entered into a contract with Suffolk
County In excess of $1,0007 Yes No.
Has contractor/vendor entered into three or more contracts, including the one for which you are
now completing this form, with Suffolk County, any three of which, when combined, exceed
$1,0007 Yes No.
Table of Or~n;~tlon. List nnme~j and addresses of all principals; that is, all individuals serving
on the Board of Directors or comparable body, names and addresses of all partners, and names
and addresses of all corporate officers. Conspicuously identify any person in this table of
organization who is also an officer or an ,mployee of Suffolk County. (Attach additional sheet if
necessary.)
List all names and sutdresses of those individual shareholders holding more th~in, five percent
(5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an
officer or an employee of Suffolk County. (Attach additional sheet if necessary).
10.
Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor
relation.~hlp with Suffolk CO~miy? Yes No.
If you answered yes to 8 above, you must submit with this disclosure statement, a complete
finarujial statement listing all assets and liabilities as well as a profit and loss statement. These
st~.,nnents must be certified by a Certified Public Accountant. (Strike this out if not applicable.)
The undersigned shall Include this Contractor's/Vendor's Public Disclosure Statement with the
contract. (Describe general nature of the conm~ct.)
Page 1 of 3 Public Disclosure Form
11.
12.
Remedies. The failure to file a verified public disclosure statement as required under local law
shall collstitute a material breach of contract. Suffolk Connty may resort, use or employ any
remedies contained in Article II of the Uniform Commercial Code of the State of New York. In
addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a
breach has occurred, to damages equal to fifteen percent (15%) of the mount of the contract.
If you are one of the entities listed below at a) through e) or you qualify under d) below, you are
exempt from completing paragraphs numbered 1 through 11 herein:
· a) Hospital
b) Educational or governmental entities
.. e) Not-for-profit corporations
. d) Contracts providing for foster care, family day-care providers or child protective
services
Please check to the left si& of the appropriate exemption.
13.
Verification. This section must be signed by an officer or principal of the contractor/vendor
authorized to sign for the company for thc purpose of executing contracts. The undersigned
being sworn, affirms under the pc~naltias of pegury, that he/she has re_.aa and understood the
foregoing statements and that they are, to hi.s/her own knowledge, true.
Dated:
Printed Name of Signer:
Title of Signer:
Name of ContractorNendor:
Signed:
UNIFORM CERTIFICATE OF ACIO~IOWLEDGM~NT
(Within New York State)
STATE OF NEW YORK)
COUNTY OF ) ss.:
On the day of in the year 2004 before me, the undersigned, personally appeared
personally known to me or proved m me on the basis of satisfactory evidence
to be the individual(s) whose name(s) is (am) subscribed to thc within instnlmellt and acknowledged to
me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their sJ~ature(s)
on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed
the instrument.
(signature and office of individual talcing acknowledgement)
Page 2 of 3 Public Disclosure Form
UNIFORM CERTIHCATE OF ACKNOWLEDGEMENT
(Without New York State)
STATE OF )
COUNTY OF )
On the day of in the year 2004 before me, the undersigned, personally
appeared personally known to me or proved to me on the basis of
satisfactoU' evidence to be the individual(s) whose name(s) is (are) subscribed to the vdthin instrument
and acknowledged to me that he/sl~they executed the same in his/her/their capacity(ies) and that by
Ms/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument, and that such individual(s) made such appearance before
the undersigned in
(Insert the city or other political subdivision and the state or country or other place the acknowledgement
was taken)
(signature and office of individual talcing acknowledgement)
Contractor's/Vendor's Public Disclosure Statement Form (Rev. 3/04)
Page 3 of 3 Public Disclosure Form
S:~0O5 Contr~cts~uff. Co. Exhlb~t Pub. Disc. FormSOP 04.doc
Suffolk Coant~, New York
Depnfnnent of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR M~DIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION- SUB,rECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contractor's/beneficinry's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
I~, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections ~, III and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
written contract with tho County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any c~londar year;, or pursuant to a subcona-act with
any of the above."
Section I
Check if
Applicable
The Union Organizing Law applies to this eontracC I/we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 262003, the Suff~Ik County Union Orga~!zlng Law (the law) and, as such shall not use
County funds to assist, promote, or deter union or~anlzing (Chapter 466-3 A), nor seek reimbursement from the
County for costs incun~ to assist, promote, or det~ union organizing. (Chapter 466--3 B)
I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter
union organizing. (Chapter 466-3 I-D
I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are elude,
lave shall maintain records sufficient to show that no County funds were used for those expenditures and, as
applicable, that no reimbursement from County fimds has been sought for such cost~. I/we agree thlff such records
shall be made available to the p~rtinent County aguncy or authority, the County Complroller, or the County
Depariment of Law upon request. (Chapter 466-3 I)
I/we furth~ al'Cum to the following:
· I/we will not express to employees any false or misleadln~ information thnt is intended to influence the
determlnntiot~ of employee preferences regarding union rep~semation;
· I]we will not coerc~ or intimidate employecs, explicitly or implicitly, in selecting or not selecting a bargaining
· I/we will not require an employee, indiv~lly or in a group, to at.nd a meeting or an went that is intended to
influence his or her decision in selecting or not salentin~ a bargalnhlg representative;
* 1Ave understand my/our obligation to limit disruptions caused by pzvr~ogltiliun labor dispmes through the
adoption of nonconfrontatiounl pro~tur~ for the resolution ofprerecogaition labor disputes with employees
engaged in the production of goods or the rende~hig of services for the Connty; and
· I/we have or will adopt any or all of the above-referenced procedures, or their funntional extuivalent, to cosure
the efficient, timely, and quality provision of goods and services to the County. l/v~ shall include a list of said
precedm~ in such certification.
lave further egree that every County conlract for the provision of services, when such services will be performed on
County property, shall include a requirement thai I/we adopt a reasonable access agreement, a neutrality agreement,
fair communication aireement, no intimidation agreement, and a majority authorization card agreement.
I/we fur&er agree &at every County conUnnt for the provision ofb~man services, when such services are not to be
performed on County property, shall include a requirement that l/we adopt, at I~e least, a neutrality agre~mant.
I/we onderstnnd thnt the efficieot, timely, and nondi~ve provision of goods nnd services is a paramount financial
interest of the County of Suffolk und as such, the County expects the potential County contractor to protect the
County's financial interest by adopting nunconfrontational procedures for the orderly resolution of labor disputes,
including, but not limited to, neumtlity agreements, majority authorization cant a~reements, binding arbitration
agreements, fair communication agreements, nonintimidation agreement~ and reasonable access agreements.
IX)L-LOt (6/0~)
Suffolk County, New York
Depar~ent of Labor
Section H
Check if
Applicable
The Union Organizing Law does not apply to this contract for the following reason(s):
Section HI
Contractor Name:
Contractor Address:
Contractor Phone #:
Description of project or servia:
Fedeaal gxnployer IDg:
Amount of Assistance:
Ve~dor #:
Section 1V
declare under penalty of perjury under the Laws of tho State of New York that the undersigned is authorized to provide this
c~rtificafion, and that the above is hue and correct.
Authorized Si?s~ur~ Date
Print Name and Title of Authorized ~tive
BOL-LOI (6/05)
LIVING WAGE FORMS
DO NOT IGNORE
THESE FORMS MUST
BE COMPLETED AND
RETURNED WITH
THE FIVE COPIES OF
THE CONTRACT
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
NOTICE OF APPLICATION FOR COUNTY COMPENSATION (Contract)
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By Applicant/Employer/Contractor
1) NAME: Southold Town Police Department
2) VENDOR#: 11-6001939 3)CONTRACT ID#:
~known) gf~own)
4) CONTACT: Carlisle E. Cochran, Jr. 5) TELEPHONE #: (631) 765-2600
Chief o£ Police
6) ADDRESS: 41405 Route 25 - P.O. Box 911
Peconic, NY 11958
7) TEI~MOFCON~FI~CT(DATES): 1/1/06 to 12/31/06
8) PROJECT N~d~IE: (IF DIFFERENT FROM #1) STOP-DWI
9) AMOUNT: $19,000.00
10) AWARDING AGENCY: Suffolk County STOP-DWI
11) BRIEF DESCRIPTION OF PROJECT OR SERVICE:
STOP-DWI Enforcement
12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job
classification, the total workforee dedicated to performing this contract or service, including
calculation of estimated net increase or decrease in jobs as a result of funding).
13) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels,
compensated days off and medical benefits for total workforce dedicated to fulfilling the terms
of this contract, broken down annually for each year of the term of the contract).
LW-l(revised 4/05)
Cheek if
applicable
SUFFOLK COUNTY DEPARTMENT OF LABOR- LIYING WAGE UNIT
LIFING WA GE CERTIFICATION/DEC1.4~RATION - SUBJECT TO AUDIT
If ei~er of ~e followiag deffmltions of 'compensation' (Living Wage Law Chapter 347- 2) appll~ to the contraetor'a/reeipient's
business or transaction with Suffolk County, the coutraetor/reeipient m~st complete Sections 1, 3, 4 below;, and Form LW-!
(Notice of Application for Comaty Compensation), If ~e following definitions do not apply, the enntraetorlreeipient must
complete S~eflons 2, 3 und 4 below. Completed forms must be submitted to the awardh~g agency.
"Any grant, loa~ tax inceativ¢ or abatement, bend financing subsidy or other form of compensation of more that $50,000 which is
realized by or provided to an employer of at least ten (10) employees by or t/uough the authority or approval of the County of Suffolk," or
"Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of
services to or for the County of Suffolk (except contracts where services are incidental to foe delivery of products, equipm~n~t or
commodities) which involve an expenditure equal to or greater than $10,000. For the purposes of this definition, the mnount of
expenditure for more than one contract for the same service shall be ~gregated. A conlzact for the porchese or lease of goods, products,
equipment, supplies or other property is not 'compensation' for the purposes of this definition."
Section I The Living Wage Law applies to this contract. I/we hereby agree to cempfy with all the provisions of Suffolk County
Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, pert-time
or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract
whore this company has received compensation, from the County of Suffolk as defined in the Law (compensatiun) a
wage rate of no less than $9.64 ($8.50 for child c~xe providers) per hour worked with health benefits, as described in the
Law, or otherwise $10.98 ($9.75 for child care providers) per hour or the rates as may be adjusted anunaHy in
accordance with the Law. (Chapter 347-3 B)
I/we foyer agrc~ that any tenant or leeseholder of this company ~at employs at least ten (1 O) persons and occupies
property or uses equipment or propen'y that is improved or developed as a result of compensation or any con~tor or
subcontractor of this company tlmt employs at least ten (10) persons in producing or providing goods or services to this
company ~at are used in the project or matter for which this vompany has received compensation shall comply with
all the provisions of the Law, including those specified above. (Chapter 347-2)
Section II
Check if
,applicable
S~doo III
Conh'actor Name;
Contractor Address:
Contractor Phone #:
Description of pwjec~ or service: _
Section IV
I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for
the purpose ofmunitoring complianco with regulations under this Chapter of the Suffolk County Code, investigating
employee complaints of noncompllance and evaluating the oper~on and effo~ of this Chapter, including the
production for inspect/on & copying of payroll records for any or all employees for the t~ of the contract or for five
(5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be
maintained for inspection for a similar period oft/me. (Chapter $47-7 D)
The County Depar~nent of Labor shall review the records of any Covered Employer at least once every three years to
verify compliance with the provisions of the Law. (Chapter 347-4 C)
The Living Wage Law doe~ not apply to this coatrac~ for &e following reason(s):
Federal Employer ID~:
Amount of compensation:
Vendor #:
I declare under pe~tal~gof pe..0uty under the Laws of the State of New York that the undersigned is authorized to provide this certification,
and that the obov/i~r~e~dqco~ /
/~'-~,'~/~y~ ~ ~ 12/14/2005
Authorized SiZable Date
Joshu~ Y~. Itor~on, Supervisor
P6m Name ~d Title of Authorized RnpresenW~five
LW 38 (revised %05, r~places forms LW2, LW3, and LW33)
POLICE DEPARTMENT
TOWN OF SOUTHOLD
Telephone Emergency Dial 911
CARLISLE E. COCHRAN, JR.
ChiefofPdlic~
Suffolk County Department of Law
Addendum to LW~ 1
To comply with Sections 12 & 13
At this time Southold Town Police Department employs 5 ! full time police
officers. The minimum hourly wage for a police officer is $16.40 per hour. In
addition each officer receives full medical benefits with a minimum annual
premium of $6,357.12, and a minimum of 33 compensated days off. Compensated
days offinclude holiday, vacation and personal days, sick time is not included in
this total. While the total worlcforce may change it will not be as a result of this
contract. No other personnel other than full time police officers will be used to
comply with this contract.
41405 Route 25 ~ ?.O, Box911 · Peconic, N.Y. 11958
Administrative (631) 765-2600/2601 · Fax (631) 765-2715